>> yeah. the show tonight we'll be doing all the hits and the new stuff. on stage. >> steve: fantastic. >> with our band. >> steve: that's right. the band and the dancers. hard rock tonight. ladies, thank you very much. see you back here tomorrow. bill: good morning on a tuesday. could this be a game changer? the most critical event of the 2012 election is only one day away. the two candidates sharing one stage unfiltered, unedited, the first chance for americans to hear both men side by side. i think they call that must-see tv. martha: you have got both of these candidates focusing and work on their questions and preparing for anything that could be thrown at them. governor romney says he believes tomorrow's debate is about more

than just wing or losing. >> people want to know who is going to win and who is going to score the punches and make the biggest difference in the arguments they make. and there will be the scoring of the wing and losing. in my view of it's not so much the wing and losing and the president and myself. it's about something bigger than that. bill: good morning you, bob. you believe romney has to be aggressive without looking desperate. explain. >> he has got to land some punches and show a lot of energy. i'm sure he will have a lot of stats against the president. i'm sure you will heart last 43 months we have had unemployment more than 8%. but he's got to be aggressive and come pout swinging. this is the most important night of mitt romney's life. bill: he talked about something bigger than that, and that's a path forward for america. he talked about a choice.

you can go one way or come follow me. >> i think the president will be staying the course. saying the economy is getting better and also defining mitt romney. he has to make this about a choice, not a referendum on his first term. bill: if there is a surprise what do you think it might be? >> i think romney has to throw the president off stride. he has got to get under his skin. maybe he mentions president obama's penchant for playing golf when the economy is ouring. bill: does one have more to lose than the other? >> i think the president has more to lose. in 2008 he had that line against hillary clinton. he said you are likeable enough, hillary. that basically cost number new hampshire. he has the lead but he has the most to lose.

but he can't be too careful because if you are too careful you are not going to win. bill: when you consider colorado, those folks are dialed in on this election. here is martha. martha: no doubt governor romney wants to shore up the debate. the quinnipiac poll shows an 18% lead more the president or women likely voters. this same poll thinks the president will win the debate by a 2-1 margin. bill: how's that for expectations. stay with fox news, join bret and megyn and the fox news team live in colorado for a bit of analysis. all starts at 8:55 eastern time. so big night, i'm sure you will

be there. martha: a fox news alert on disturbing new details on our attack on the consulate in libya. according to a report on the "wall street journal" the attack may have been launched by inmates freed from prison during the arab spring uprising. one militant in particular is worrisome to u.s. officials. who is that? >> reporter: his name is mohammad jamal ahmed. he's establishing terror training camps in the libyan desert. he's about 45 years old. he lives in libya. he learned bomb making in afghanistan in the 80s. he has been part of the egyptian islamic jihad movement, may have been one of its leaders and

western officials believe he's building his own terror network. he also has ties to al-zawahiri, the head of al qaeda. ahmed is said to be asking al-zawahiri if he can start an al qaeda units. it was terrorists who trained at his training cam who attacked the consulate in libya. megyn: this paints a picture of a much more active movement going on on the ground in libya and it raises questions about how aware they were of this growing threat coming from libya. what are members of congress saying about this? >> reporter: they have the same question you did. he has said the i.s. needs to deal with this as a terrorist attack. here is more.

>> it's well planned to have this be a spontaneous event. the concern is if we don't treat this what it is, a terrorist attack against the united states, and deal with it appropriately, doing nothing and still debating for political interpretation is not healthy for the national security interests of the united states. >> reporter: lawmakers wants secretary of state hillary clinton to tremor information on the threat reporting coming out of libya on the attack. big *. congressmen issa and chaffetz saying were there any requests made by the embassy in tripoli to state department headquarters for additional security whether in general or in light of specific attacks. if so how did the department respond to those requests?

there is a lot more that we'll be going through. john bolton is here today and peter king will be here to talk about that. martha: we want to get to this breaking news. we are just getting word that a border patrol agent has been shot in arizona. the fbi and arizona authorities are on the hunt for the killer of this border patrol agent. it happened just north of the mexican border in a remote town called naco. it's known as a drug-smuggling corridor. we understand the agents were assigned to the brian terry station different was just recently named the brian terry station for the agent who was killed in 2010. william lajeunesse has been on this story. in the meantime. this for from you the business

fronts. lockheed martin saying they will not issue layoff warnings before the notch election due to looming automatic spending cuts. the company saying the white house will use taxpayer dollars to pay for necessary serve even costs that arise. one lawmaker calling that something close to extortion. stuart, give us the background here. why would they call that extortion. >> it many the taxpayer getting squeeze. let's go forward to january 1. that's when defense department cuts are supposed to take place. 60 days in advance that november 2, warning notices are supposed to go out from contractors to their employees saying here comes some layoffs. the administration does not want layoff warnings going off right before the election. so they said to people like lockheed martin. you don't need to send these layoff warnings out. they say they are hypothetical.

lockheed martin says it is the law. we must send the out the notices. the administration says if you don't send out the warnings, then we'll indem anyify you, we'll cover lawsuits that might result if there are layoffs. so the taxpayer is on the hook for not sending out these warning notices. it's pure politics. martha: it's unbelievable, frankly. either we are going to have these defense cut layoffs as a result of sequestration because nobody in washington seems to be able to come together on a budget deal. don't they have to face the ramifications of that and say we are going to have these defense cuts and that means we have to do due diligence and let these people know the perhaps they work on are in jeopardy? >> these cuts in the defense department are threatened as of january 1. it's the law, it's written in stone that you have to warn defense department employees and the contractors that layoffs may

be coming. that's the law. the administration is getting around this law with a different interpretation to indemnify lockheed martin. it's particularly important in virginia because virginia is an important electoral college state. there are lockheed martin employees in the state of virginia. the administration does not want warning layoffs going to virginia residents who work for lockheed martin on november 2, a few days before the election. martha: creative time and logistics involved in all this. bill: 10 minutes away, check it out. we are just getting started. an important piece of obama-care going into effect this week. what does that mean for you? it could mean a lot. for hospitals, too. remember this ... >> it's 3:00 a.m. and your children are safe asleep. who do you want answering the phone? martha: one of the most

memorable ads of the last campaign. critics are saying the obama administration did get their 3:00 a.m. call and they flushed it. we'll talk to john bolton about this. bill: some say this is come dip downplaying expectations for tomorrow's debate. republicans saying mitt romney has to bring the athlete like he did against newt gingrich. >> i think of the four us, yes. >> that's inexcusable. the idea that i'm anti-immigrants is repulsive. don't use a term like that. i think you should awe apologize for it. having differences on opinions on issues does not justify labeling people with highly charged epithets. [applause] are you receiving a payout from a legal settlement

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martha: spirit airlines is imposing punishing fee hikes. up to $100 they are going to charge baggage carrying customers. if you wait to pay at checkin to bring your bag on that fee will bump up $50 from the current $40. and those who wait to pay at at

gate will have to hand over $100 to bring a carry-on bag. they will try to encourage passengers to pay ahead of time. bill: here's what i'm thinking. these rules are changing every week. to charge you $100, just wear the clothes on your back. man * wear 7 layers of clothes. bill: now that the memorable ad from 2008 getting new life today. >> your vote will decide who answers that call. whether it's someone who knows the world leaders and the military and someone tested to lead in a dangerous world. it's 3:00 a.m. and your children are safe and asleep. who do you want answering the phone. bill: that ad from hillary clinton questioning whether barack obama was ready to handle threats to our country.

some are saying benghazi was the 3:00 a.m. call to the white house and barack obama flubbed it miserably. john bolton is here. >> i thought the article was outstanding. anybody who hasn't read it should get a copy of the "wall street journal" and take a look at it. he points to the obama administration ideology being at fault both before the attack and afterwards. that's important to understand. before the attack we clearly didn't suspect it was coming. that's due to an intelligence failure in the sense we looked for information and couldn't get it or if the ideological reason applied they didn't think we needed to ask for the information. al qaeda has been defeated, the war on terror is over, libya is a great success, what could go wrong. obviously it did go wrong. but if the administration from the top down isn't processing reality, this is the kind of tragedy you get.

bill: you are pinpointing the ideology. so this was their mental thinking about the condition of the arab world or that region or libya specifically do you think? >> i think very broadly. it goes to president obama's view of america's place in the world. it's a corollary to what he thinks america' domestic structure looks like. it made him in the case of libya and kay row and elsewhere -- libya and cairo and elsewhere in the region to see the islamists' rise. it was a brother and deeper threat he couldn't process. bill: you are saying he did not flub the call. he simply did not hear it. >> he didn't heart call. he wasn't attuned to it and he hasn't heard the consequences of it. that's why the post-9/11 actions

of the administration -- there may be a coverup. i think it's the ideology. they just can't understand that their construct doesn't describe reality. it's totally divorced from reality. bill: we had general hayden on and what he keys in on is a specific time line that suggests we are convinces it was terrorism and what point -- what hour of what day that happened. then compare that to susan rice's tour on the five network shows that sunday which was five days later. have you thought about that? >> i know it's fashionable to call for susan rice's resignation. i think that's missing the target. the target is the president. the president sets the ideological tone and celts the message and for home it was politically and philosophically

convenient to say it was caused by a movie trailer and it was spontaneous. to admit otherwise is to admit al qaeda is not on the run. it can carely out terrorist attacks. bill: on the time line it will tell you whether there was a considered effort to deflect or specificallien extra detective. >> the time line is less important than the bigger picture. the bigger picture is a collapsing policy in the region. that's not important simply because of november. it's important for the next four years. because this world view that's so divorced from reality events you from having an effective policy. if you can't recognize reality you can't deal with it. i almost prefer the coverup explanation would be true. because then it would say the administration does understand reality and it's trying to conceal it.

bill: the 3:00 a.m. call, you are suggesting that the president failed that test. >> i think he rolled over and went back to sleep. bill: did hillary clinton fail that test, too? >> she should have been on those sunday shows. i don't know why they sent susan rice out. bill: thank you. martha: he was accused of wasting more than $6 million in taxpayer money. now we'll hear the latest number of the obama administration to step down in yet another government spending scandal. bill: a mid-air scare of the wrong kind. what if your seat comes loose? listen. >> we want the airline to succeed. the bottom line is that management isn't make the right decisions the airline can't succeed. bill: what is he saying? could this have something to do

with a union dispute?

bill: a peanut butter recall expanding. whole foods, target and stop and shop pulling several grand from their shelves after salmonella-related illnesses were linked to peanut butter sold at trader joe's. martha: a top obama appointee is out of a job after a report blasting his agency's $6 million conference tab. including this spoof of a hollywood classic. >> one of the worst mistakes you can make in carrying out your mission is getting the idea in your head that stability is a

virtue. stability is not a virtue it's a trap. it means you are holding your own. it means you are standing still. martha: acting ratings aside. doug mcelway joins us from washington. we are hearing that film which was supposed to rally the troops within the agency cost $52,000 to make? >> reporter: $52,000 that anybody with a mac laptop and camera could put together. but that was only a small portion of what the orlando conference called. taxpayers shelled out $5 million. that's five times the amount spent on the general services administration notorious conference in las vegas that caused so much outrage on capitol hill. the va's top human resource manager resigned in a statement he said, quote, i resign because

i did not want to be a distraction for the administration, or the secretary and the va, especially as they continue to work each day to address the urgent needs our nation's veterans. the oig is investigating allegations that 11 employees illegally accepted gift such as helicopter, stretch limo rides, hotel rooms, concert tickets, spa treatments and gift baskets. martha: you would have thought given the story you referenced before, the gsa story and the famous shot of the him in the bath tube with the two glasses' wine that the agencies would have trouble signing off on these checks. what are they going to do about it? >> reporter: there seems to be a sense of entitlement among too many government workers. the va has removed purchasing authority from all people under

investigation it is also ordered an outside review of training policies and training conferences. the va says allegations of misconduct regarding two training conferences in 2011 are unacceptable. they plan to hold accountable anybody who misused taxpayer dollars or violated our standards of conduct. the house oversight committee are also investigating. this is not over yet by any stretch of the imagination. martha: it appears that is the tip of the iceberg. bill: at any moment we expect a ruling on a voter i.d. case in a critical battleground case. we'll get a live report on that and what it could mean for the election five weeks from today. martha: on the eve of the first presidential debate, what's going on today behind closes doors. governor john sununu, senior

adviser to the romney campaign. >> i don't own stock in either fannie mae or freddie mac. mr. speaker i know that sounds like an enormous revelation. but have you checked your own investments? you also have investments in mutual funds that invest in fannie mae and freddie mac. [ female announcer ] food, meet flavor. flavor, meet food. it's time for swanson flavor boost. concentrated broth in easy to use packets. mix it into skillet dishes, for an instant dose of... hell-o! [ female announcer ] get recipes at flavorboost.com.

bill: a major scare for passengers onboard two american airline flights. their seats came loose in mid-flight. an american airlines pilot putting the heat on the company for that. >> american airlines operates the oldest fleet in america. as your car gets older it requires more maintenance. as our aircraft gets older it requires more maintenance. not just pilots can write an aircraft. there are 1,000 furlough

notices. bill: what needs to happen here? this has happened before and just in the past week? what's going on? >> reporter: this is the third reported incident that we know of in the past week. american airlines is grounding 8757s to find why the seats are coming loose. an american flight was forced to divert to john f. kennedy when a row of seats came loose. then monday it happened again. a flight headed from jfq to miami had to be turned around. according to the "new york post," a third flight from colorado to texas had issues with loose seats september 26. here is a transcript of one pilot reporting the unusual problem to air traffic control. i'm quoting. i have got an unusual one for you. during climbout, rows 12e and f

came loose ows of the floor. passengers are unable to sit in that seat. they did land without incident. not you federal aviation administration is investigating. bill: does the airline know why this is happening? >> there are a lot of explanations but no concrete answers. >> pilots say it may be the result of a union dispute. but the union denies it. amr filed for bankruptcy in november. they are claiming they worked without a contract for six years. the airline says the seats were installed by american airlines maintenance contractors and the issue does not seem to be tied to any one facility or group. they say there could be a possible issue with a certain model of seats and hugh they fit into the tracking used to secure the seats. but whatever the reason, a

retired american pilot says passengers shouldn't worry. >> i know the incidents over the weekend could give people pause over flying our airplanes. but the pilots insure when we take off we have a safe airplane to get people safely from a to b. >> reporter: the faa says preliminary information indicates these seats are the result -- martha: president obama calling debate preparations a bit of a drag. saying his campaign team is making him do his homework. downplaying the expectations. we heard a lot of that from both sides. joined now by former new hampshire governor john sununu.

he served as chief of staff under george w. bush. i read a quote from a white house spokesperson and she says he hasn't had time, the president because of the demands of the office, to work too much on debate preparation. what are your thoughts on that? >> spin, spin, spin. let him start spinning why his 3 1/2 years have been a failure. this is an important event. debates are important. the two candidates will stand side by side and the voters are going to get a chance to evaluate. and i can't believe how hard the white house is working to spin that the president, a, is not very goods, and b, that he had no chance to prepare. that's called buying two insurance policies in case he

sceud up in the debate the way he screwed up as president. martha: your candidate has been dragging in ohio, michigan, and he's behind in florida where he was once ahead. what would be your advice? what would you tell mitt romney to do tomorrow night? >> i think the governor knows what he has to do is make sure people feel he has the capacity to fill the job. but more importantly, that he's got to communicate what all of us who know him well understand is really there and that's how much he cares about the people of this country and the country itself. this is a guy who served a number of years of his life as a missionary and as a pastor out there in his faith. and worked with people on a one-on-one basis, family and with families. i think he has to convey that feeling. he ought to convey that feeling as part of what he puts out there. he will be factually precise, i hope, and presidential in demeanor. he will have a tone that is both

firm but not disrespectful. that's all part of what you do in a debate. martha: in look at the trajectory of this race. it seems one of the most significant moments in the democratic convention is when bill clinton said look, let me tell you something, no president could are fixed this economic situation in one term. and i think he gave a lot of people who were on the fence out there relief that they felt -- you know what? i can support president obama because bill clinton tells me that it's okay to do that. i wonder in some ways if doesn't need to go after bill clinton tomorrow night in some way as well. >> he has to explain why we have the mess that we have. the president has been doing same thing over and over again and getting the same results. that not a very smart thing to do, trying the same thing over and over again with the same bad results. we have 8.2% unemployment.

23 million americans out of work or under employed. has to explain to people that's not an accident. martha: if i may. there is a good piece in the "new york post" this morning. it appears people are used to those numbers and they are not blaming president obama for those numbers according to those polls. >> tell that to ought young people to don't have jobs or the 23 million who are unemployed or under employed. some of us may be lucky and have retained our jobs and those things may just be statistics. by that's what has to do. he has to explain to people that behind those statistics are real people and real pain. martha: one of the thing that has not been achieved by the romney campaign is the feeling that he can change things and he believes that you don't have to settle for where we are. you don't have to get used to this so-called new normal.

that you can do better. it seems to me that's part of his argument. >> you are exactly right. and that's part of what he has to put forward tomorrow night. and i suspect that that's part of what he intend to put forward. but you are right on target. martha: we heard about the zingers and one liners that have been worked on to a certain extent. what do you think about that? >> i'm not a great believer in zingers unless they are fact based. i think the key to a debate is to be precise in what you say and precise in your responses. maintain a tone that the public thinks is not demeaning to the office. if you get it in there on a fact base, i think you played a clip earlier where governor romney point out to newt gingrich that newt gingrich had some investments. that was a fact-based zinger and that's the kind that works. martha: what do you think of

chris christie's statement when you wake up thursday morning you will be in a new situation. >> i think you will have five weeks where every day when you wake up things will be a little bit different. thanks so much martha. martha: fox news is america's headquarters. starting at 8:55 eastern. we'll have the pregame and post-game with megyn kelly, brit hume, chris wallace and bret baier. everybody is ready, right? bill: part of president obama's healthcare law is quieting kicking in for millions of seniors. what happens if medicare patients need to go back to the hospital for care. martha: can a recent spike on these horrible attacks in afghanistan force our troops to get out of afghanistan earlier? we'll talk to jack keane about

that. we'll be right back.

martha: 20 people have been hurt in california after a truck slammed into an amtrak train. most of the injuries are said to be minor.

>> the train started going down. the noise was extra loud. and smoke -- we thought it was smoke about it was dust. >> my mother called hysterically that the strain overturned. and my niece and her newborn baby are on that train. martha: police say it did occur at a crossing equipped with gates to stop traffic. bill: millions of americans can be affected by a little known piece of the president's healthcare law. hospitals face big fines if medicare patients have to be readmitted within 30 days. one in five medicare patients have to go back to the hospital for care. dr. siegel, good morning to you.

what was the intent in this provision of the law? >> it's all about money. the government saying we want to save you money. we'll push the hospital to discharge the patients as soon as possible, then we are going to say let's not re-add mitt that patient because that's costing us many millions of dollars. these penalty are involving some of the top hospitals in the country. big, big big hospitals. and the penalty will apply to all medicare payment to the hospital over the next several months. and the problem with that is what about care, bill? what is the government doing getsing in the midst of my hospital's medical care? if a patient had heart failure and they go home and god forbid they get worse i'm not allowed to re-add mitt them without getting penalty? bill: you are arguing this is a big decision. >> it's a business decision but even on that level i have questions about it because i

don't think it's efficient. if you start penalizing hospitals they will start cherry picking patients. what about hospitals with tertiary care. they will say we have the sickest patients. now you are going to penalize us? what about rural areas. if there is no doctor waiting to take care of you when you leave the hospital you may have no other option but to return to the hospital. bill: do you agree 20%, one in five are readmitted? >> i think that figure is slightly high. i think it's somewhere between 12% and 20%. but i don't think this is where the waste in the system is. i think they should look more -- the government should be looking at more where the infrastructure is. where are the doctors. if they are driving doctors out of private practice with obama-care. when the patient gets out of the hospital they often have nowhere else to go. bill: three areas where have

excessive readmissions. patients recovering from heart attacks, heart failure and pneumonia. >> if you have heart failure you go home and you could get worse again. i can send a patient home with pneumonia because i think i can trites an outpatient and then they get worse. sometimes the hospital is the best place to go. bill: could this get hospitals to take better care? in the end is it possibly a way to get better medical treatment once you are there? >> that is the intention here. but i don't think the government has the kind of sensitivity to apply to the patient by patient basis as i have been saying for years. they have no business getting in the middle of this because in the end it will create chaos. plenty of people will get hurt as a result of this.

bill: what is the fine if you are in violation of this law. >> it varies but it could be up to 1% of your medicare reimbursements. they estimate they will raise $39 million a year on this. i'm not saying this isn't a major problem. bill: you argue don't forget about the patient. and don't forget about the doctor which you have argued for three years now has been the most overlooked aspect of all this healthcare overhaul. >> medical treatment is the doctor and the patient. it's not the politician, it, not the government and it's not due to these regulations which make it harder to practice medicine. not easier. bill: thank you, dr. marc siegel. to viewers at home we get a lot of questions about obama-care and the effects and changes on

you and your family. you can fire away right now because you asked. bya. we read all of them. so if you get a good one we'll have it for you tomorrow. martha: a border agent is dead and another agent is injured after a shooting that happened this morning near your border with mexico. we'll bring it to you right after this. and why these shootings bring up the memory of brian terry. bill: we are one day away from the big debate. we'll talk to him on final preparations. and the stakes that are on the line like this. >> i will not make age an issue in this campaign. i'll not exploit for political purposes my opponents youth and inexperience.

martha: we just received breaking news about the injunction grants in virginia in terms of the vote he i.d. law -- pennsylvania, excuse me. the judge said he's not convinced there will not be voter disenfranchisement arising out of commonwealth implementation of the voter i.d. requirement. so basically this moves this issue forward. they will have no voter i.d. law put in place before this election. the injunction has been granted. the judge basically saying he believes there could be disenfranchisement of voters and as a result of that he wants to continue to investigate it first and put it into the judicial process down the road.

eric shawn joins me now. he will be here in just a minute. basically we have these voter i.d. issues across the country. and the issue is whether people should have to show voter i.d. as they do for so many other things in this country in order to vote. we have been waiting for those rulings. pennsylvania says no, they will not have a voter i.d. rule in place for this current election. bill: others argue you need a driver's license to bu to buy sd at the pharmacy. pennsylvania has not been won by a republican since 1988. but it's heavily contested. do the obama have a lead on mitt romney? he does if you believe the polls.

but is what this judge saying, could it have an effect? martha: we have eric shawn ready in our newsroom. >> reporter: the judge supported it originally. but an issue in this injunction, he does say that the state officials in pennsylvania can ask for a voter i.d. he is concerned, though, about one of the requirements of the law. the law stated if you don't have an i.d. and show up at the polls in november you would have six days to prove to authorities about your identification. you can vote and cast a provisional ballot. then prove your identification. judge simpson had problems with that in terms of being able to prove your identity. there was thoughts he would issue a ruling that he would apply in an affidavit. he said i will not restrain election officials from asking for photo i.d. at the polls, but

i'll even join some parts of the legal language which directly result in disenfranchisement. officials in pennsylvania said they have been doing all they can to distribute free photo i.d.s to anyone who wants them. people go to the department of transportation office you can get a free photo i.d. officials say they have given out about 200 a day. there are 8.2 million voters in pennsylvania. authorities say about 759,000 do not have a voter i.d., and since this law went into effect the authorities issued 12,602 voters i.d.s to people. but now we have this decision from judge robert simpson and it's expected to be again appealed back to the state supreme court. this with only five weeks to go before the election. martha: it could lead to confusion if they will allow people to ask for voter i.d. but if you don't have it it

might be okay under this situation. so that could lead to confusion. eric shawn. bill: lawmakers demanding answers from the secretary of state hillary clinton. peter king is one of them. he's here live to find out what happened in libya. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

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martha: two u.s. border patrol agents are shot in arizona. one of them was murdered. bill: this agent what is killed another wound near the town of naco north of the bored. while little else is known about the shooting we know it unfolded near a border patrol station that was just named for their fallen colleague agent brian terry. martha: what else do we know about this shooting? >> reporter: naco is a small border town 100 miles southeast of tucson. but because of its proximity to major highways, it's a very active drug smuggling corridor. those basically moving drugs. and those trying to steal those drug loads are known as rip crews.

the agents have increased from 100 to 600 to combat this threat. two agents were aught patrolling. one was shot fatally. another was airlifted to the hospital and a third was not hit. there are several times agents in this area. you have the guys patrolling in their suvs. when she see a group of drug smugglers they will try to interdict that on foot. then the tactical units are brought in by helicopter and they will lay in for several nights and they will try to interdict these rip crews. and then we have horseback. these agents were patrolling at about 2:00 a.m. the temperatures drop from 85 to 55 degrees. and it's nighttime and that's

when it's most active. these guys are on horseback. they have a side arm. they also have a rifle. we don't know any more details at this time. martha: it's sad irony that these agents were based out of the same facility named for brian terry. >> reporter: it's a brand-new border station in honor of brian terry. this area of naco is not far from where they set up on a rip crew, announced their presence and were shot. i can tell you now the people i spoke to this morning, they are sick to death and worried that once again that the weapons used if found will trace back to that operation. the reason they believe that is this area is controlled about it sinaloa cartel.

the operation fast & furious guns went to that cartel. they carry ak-47s, ar-16s. real powerful stuff. the fear is this agent was also killed with a fast and furious weapon. the search is on with helicopters. agents flooded the area trying to find these guys there this will be the third agent killed in the line of duty. martha: thank you for the report. bill: now to governor mitt romney taking advantage of his last full day of debate prep. he's in colorado hunkers down with his team. late yesterday this was the rally in colorado where the governor said he is looking forward to the chance to talk directly with voters. >> i look forward to these debates. i'm delighted we are going to have the conversations with the american people that will span

almost an entire month. bill: 9 electoral votes in colorado. you need 270 to win it all. put the spin to the side, carl. what can mitt romney hope for on wednesday night? >> reporter: they hope for a bounce in a point or two in the national polls and perhaps some support in colorado. here in colorado the polls are statistically tied. the president is showing an advantage over mr. romney in most of the battleground states. many think by virtue of his appearance on the stage face to face with the president, that will elevate mr. romney. 5,000-plus people here when he arrived. he's looking for an opportunity to reframe the debate as he has been saying on the campaign trail, the choice between the obama dependency society and what he calls the free

enterprise individual liberty and personal responsibility. >> we'll get to describe our respective views and i believe people of colorado will choose a better way forward for our country. we can't afford four more years like the last four years. >> reporter: today mr. romney is behind closed doors. we haven't been told whether this will be one of his more informal discussions with his aids work on what mr. romney calls his zingers or whether it will be a mock debate with senator rob portman who has been shadow boxing with mr. romney more weeks now. in the expectations game the obama campaign has seeds on romney's prook is time and the fact that he had 20 debates in the primaries to suggest he's the more experienced debater. the romney campaign says this is the president of the united states who has already been in

presidential debates and this is romney's first time to do that. bill: does he have an answer ready for the 47% who do not pay income taxes. >> reporter: he does. to put the genie back in the bought and take the bite out of the remarks. deep criticism for the way he called folks who don't pay income taxes essentially lazy. here is his new remark delivered yesterday to the local fox affiliate in denver upon mr. romney's arrival. >> they want to know, will i get jobs for the american people and get rising incomes. and i'm a president for 100% of the american people. that's the real percent people care about. not 99 versus 1. not 47% versus anyone else. i will be for 100% of the people. >> reporter: but he's not walk away from the accusation that

the obama agenda amounts to a dependency society. bill: one corner this guy, the other corner that guy. you have got 50 million viewers at a minimum ready to watch it tomorrow night. thank you, carl. carl cameron live. martha: new developments in the kidnapping of an american journalist in syria. austin tice was captured by islamic militants in august. his kidnappers have released a video. what have we learned? >> reporter: the big question is who actually has austin tice. originally the reports were the syrian regime had captured him as they have detained journalists in the past. but this latest video appears to show him being held by some type of islamic militants.

their dress shows in taliban-like clothing something out of afghanistan. but experts who watched the video don't see the kind of production value you see out of the jihadist video. another interesting point is the video was brought to life by a pro assad web site. meaning someone supporting the syrian regime which would fall into the syrian's regime of islamic militants trying to take over what is going on in syria. right now the big question is austin tice being held by the syrian regime or the syrian regime trying to make it look like islamists. martha: what about the latest situation on the ground in syria? >> reporter: it still continues to deteriorate. the syrian regime is holding on well'. the battles from street to

street. fighting continues in syria. russia is standing fast behind their ally. they have warned the united states, turkey and the other nato allies they will not allow the kind of humanitarian corridors or no-fly zone or any type of intervention the way things began in libya. the other thing we learned is a number of the fighters inside syria are not necessarily syrians fighting for their freedom. but foreign fighters. hezbollah confirmed one of their leaders and several of their men have been killed inside of syria doing quote their jihadist duty whether they are they were fighting alongside the syrian forces or their own militia. a lot of outside help going to help prop up syrian president bashar al-asaad. bill: a top democratic pollster accusing the media of protecting

the president. >> any other president democrat or republican would be crucified while the council was still smoking to go to las vegas for a fundraiser instead of being in the oval office doing his job. bill: is the white house getting special treatment from the white house, from the press? fair and balanced debate on that. martha: top lawmakers are accusing the white house of spinning the fact to cover up an inconvenient truth about what happened in libya. bill: a fireball exploding from inside of a building. what caused this scene. ve latel.

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bill: 7 crew members have been arrested after a fatal collision. a boat and a ferry slamming into each other off the coast of hong kong. some of the victims said to be children. survivors say their boat sank rapidly after the collision while the ferry made it to shore. it is not known why the vessels collided. martha: new accusations much media bias coming from a top former democratic pollster. pat caddell says certain media outlets have become quote an enemy of the american people by intentionally downplaying stories that make president obama look bad. >> we have never had a situation

where the press has purposely decided to pick up a narrative from the white house to not tell people things that happen in order to support their overwhelming candidate for president barack obama. this is not about partisanship. this is about danger. the reason the first amendment exists without any checks and balances on the media is because they are supposed to protect the people. that's the implicit bargain. martha: joined by bob beckel and andrea and tea tantaros. doug schoen was with pat caddell in that interview. he essentially agrees with what pat was saying. >> i have known them both for a long long time and i remain friends with them and i'm not going to disparage them. however, first of all, somebody has got to explain to me exactly what the mainstream media means, number one. if you are talking about the three big broadcast networks

that represent 40% of the viewership. if you are talking about the wall street times -- the "new york times" and the "wall street journal." somehow obama is being protected. there are so many outlets for media and information for the american voters, it's no longer 1950. martha: what do you think, andrea. bob makes a good point. there are a lot of news outlets out there. people have a lot of choices: >> where do the broadcast networks get their news? they get their news from the "new york times" and the newspapers across the country which are mostly owned by the same media conglomerate. everyone from the buffalo news to the "chicago tribune." all of these editorial boards are editorializing on behalf of the president or not doing your job.

in 2007 wee saw them drop the ball. they didn't bother to figure out who president obama really is. they didn't do the due diligence. they were too busy rooting through sarah palin's dumpster. how many more people need to die before the media starts to do their job and ask the tough questions. >> come on, andrea. that's going a step too far. >> it's not, bob, it's very serious. >> why didn't "wall street journal" do their job? >> the "wall street journal" did their job. look at the talking about libya. finally the "usa today" starts to notice libya. every other outlet it took over a week to even pay attention. some three weeks now they are finally wake up. >> does that include the drudge report and rush limbaugh and

sean hannity? >> sean hannity is not suppose to be fair and balanced. you can't lum of everybody in. these journalists have a duty to be fair and balanced and ask the questions and give us the answers and they are not. they are lazy, they are libbial. martha: let me go back to one of pat caddell's points. he said he was so outraged that there was no slam for the fact the president took his campaign trip to vegas. as that news was unfolding it was an extremely dramatic moment because we were dealing with the death of a u.s. ambassador. the murder of a u.s. ambassador. i remember watching, would the president change this schedule. would he announce he wasn't going to do that campaign trip. a spokesperson for the campaign said the president has been so busy doing this job he hasn't had that much time to prepare for the debates. most people would say he has had

plenty of time for campaigning. >> i said on "the five" that day it was a terrible idea to go to las vegas. there are a number of democrats that share that view. it was a mistake and those happen. but to suggest that obama has had a free ride the last four years. i have never seen anybody get as much bad publicity as obama has particularly over stimulus and obama-care. i don't understand why the focus is on this fall when for four years this guy has been ravaged. i don't get it. >> because, bob, people have died. we have four dead americans. we have bare any any reporting on the war in afghanistan. and he won't give us a mission? afghanistan. martha: has the administration doing a good job of presenting themselves, they have don't work that perhaps the media has's done and they deserve the credit for presenting their candidate in a way that seems to be

resonating with people in the polls? >> this administration has put forward more people on this libya issue that contradicted each other day after day. every time they send someone else out they contradict somebody out that smoke a couple days before them. we are talking at the highest levels. and nobody is asking questions. i would say this administration has budged numerous issues. you look back, we knew that george bush's grandfather found geronimo's skull. we knew what kinds of judge wear bill clinton wore. and we knew nothing about president obama and it's a national security issue. >> andrea do you think in the morning there is a conference call between abc, nbc and cbs and the "new york times" to decide what they are going to report on obama? >> don't put tblords my mouth.

they know what the news of the day is and they choose to ignore it. the on time that they choose not to ignore it is when their access is threatened. you saw the media actually criticize president obama for not meeting with foreign leaders because they got snubbed for the ladies at the view. when they miss the access themselves that's when they complain. >> if you were ahead you wouldn't be having these arguments. >> i highly doubt it. martha: thanks so much, you guys. bill: bob is going to screen something like "coming up! ". the battle over obama-care could be headed back to the u.s. supreme court and what in the supreme court and what in the world would cause this. >> it seems like you guys -- al? sea turtle.

what's your bedtime? do you believe in space aliens? ...i love puppies. hash browns or home fries? home fries. do you like my dress? why can't you guys ask good questions like this? [ morgan ] for a chance to interview an nfl player... join visa nfl fan offers and make your season epic.

martha: 23 minutes past the hour and some stories we are following for you this morning. the national retail foundation says more people will be shopping this holiday season. how do they know? with the anticipated 4.1% increase is less than the past three years? pope benedict's former butler is due in court on charges that he stole vatican document it's said to be one of the biggest scandals of benedict's tenures. here is what it looks like when 75,000 liters of bio diesel goes up in flames. the flames shooting up in the air at a warehouse in canada. bill: an uninvited deer causing chaos at a downhill skateboard

race. some of this could be bothersome. >> as if going down lookout mountain on a long board at 40 miles an hour wasn't scary enough. look what can go wrong when a deer jumps into one skater's path. >> you want to videotape everything you are doing because amazing things happen. >> mike caught the whole thing on his video camera. he says i can't repair yourself for anything like this. >> i was so stoked seeing i was still alive that i slid out to stop. >> while mike wasn't hurt, ryan was taken to the hospital. by phone he says he's lucky he escaped with only minor cuts and bruises. >> you take risks when you skate. it's the sport, i guess. >> deer collisions can become a

concern. even at times bikers can become targets. but when it comes to skaters, there are not usually any warning signs. >> i started freaking. this is going to be the sickest thing you have seen on video. i was so stoked. >> those who witnessed the aftermath said they are glad it was caught on tape otherwise it would be hard to believe bambi could do something like this. martha: we are curious how the dear are doing after that run-in. the guy said h was stoked he was still alive. bill: a couple scrapes on the knees after that bad boy. martha: could be insider attacks we have been talking about all week, force our troops to leave afghanistan earlier than planned? this is a hugely controversial

story. bill: the white house is twisting the truth when they told america the attack in libya was based on responsible taken was reaction to the video. >> i argue the administration made some serious mistakes when they highlighted the video, escalated its credibility to the presidential level and took it on tv in pakistan with u.s. taxpayer dollars. bill: peter king chair of the homeland security committee on where this story goes next.

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lifelock right now and try 60 days of identity theft protection risk-free. 60 days risk-free. use promo code: be secure order now and get this document shredder, a $29 value free. [♪...] call or go online now. [♪...] bill: breaking news now. there are top republican lawmakers pressing hard and the obama administration to release intelligence information about the consulate attack in benge thrar killed foubenghazi that killed our ambassador chris stevens and others. the this is mike rogers, listen. >> i argued the administration made serious mistakes whether

they highlighted the video, escalated its credibility to the presidential level and then took it on tv in pakistan with u.s. taxpayer dollars. i think those were all serious mistakes that we are paying the price for, and it was because of that view of what they thought their intelligence, at least what they wanted it to be, not what it was. bill: two critical things he said in this. i want to talk to new york congressman peter king about it, the chairman of the homeland security committee. good morning, sir. >> good morning, bill. bill: they highlighted the video escalating the credibility on the presidential level. what do you think of that? >> i a agree fully with chairman rogers. i'm on the intelligence committee with mike, he's a great chairman. he's been right on this from the start. the president took something which was a petty issue and elevated it, gave it a credibility it didn't deserve, somehow put it on defense as if we're to explain why this video was created here in the united states was absolutely wrong. somehow, though i guess it fit

into the president's narrative that there is not really a threat from al-qaida, just a threat from a few radicals out there that get excited about a video. bill: he says it's because of the view of what they thought their intelligence, at least what they wanted it to be, not what it was, suggesting sort of a cherry picking of information. do you see it that way? >> yeah. yeah, i do, and i think i heard ambassador bolton in the last hour pretty much saying the same thing. the obama administration has a view of the world, and whether they do it intentionally or not they end up selectively putting in facts that fit inch to their narrative. the president's view is that al-qaida has been decimated, and the war on terror has been won and we can turn our attentions to the pacific. if he didn't say that it would have raised questions about the lack of security at the consulate in benghazi, and the

fact that al-qaida has not been defeated. bill: this year alone violence has been documented. this is from darrell issa and jason chaffetz. it says the attack that claimed the ambassador's life was the latest in a long line of attacks on western diplomats and officials in libya in the months leading up to september 11th 2012. it was clearly never as administration officials once insisted the result of a popular protest. now they are demanding more information from hillary clinton and others. where does that go and when? >> it has to go soon. i think this should be definitely a congressional investigation. also i think there should be an independent investigation of outside experts to come in and analyze what happened here, why was this intelligence so misread, why was it so distorted? why did the administration ignore these warning statements over the last several months? we had attacks on the american

consulate on the british ambassador, on the red cross. benghazi is known to be a haven for groups like alsharia, or al-qaida in the magreg. it's such a damage just area and yet virtually nothing was done as far as securing the compound there. the ambassador was traveling with minimum security and when the event did occur the administration went on for more and week, two weeks denying that it was a terrorist attack. so, again, general hayden yesterday on your show was talking about a timeline, i agree with that also. what did they know, when did they know it and why did susan rice say what she did why did jay carney continue to say what he did. bill: what is critical about the timeline is knowing when the intelligence committee now the it was not the video in the end, or some sort of spontaneous protest but it actually was a

terrorist hit. what you want to do is take that moment and align it with the information that susan rice was giving, and did that happen before or after the five networks news shows on sunday? that was what general hayden was suggest anyone our program yesterday. is that to which you're referring now? >> yeah i'm referring to that. even apart from the intelligence community, mike rogers was on television thursday and friday, two and three days after the attacks giving all the reasons why he thought it was a terrorist attack. the direct and indirect fire, the a. troops, if you will or forces that were raid against you're consulate and the annex. the fact that it was september 11th, there were prior incidents. susan rice had to be aware of that. did they just take something handed to them -- bill: you haven't called for her resignation, have you? >> yes i have. i did call for susan rice' resignation. she was the face that was put out by the administration to

defend its policies. she is our ambassador to the u.n. which makes her in many cases our ambassador to the world. she was put out there. there has to be accountability when sufficient a grievous, grievous error has been made in this case. whether she was put out there to audition to be secretary of state, whether or not she believed what she was saying, whether or not she was mistaken somebody has to pay the price, there has to be consequences. she is the one that was out there, i believe it should be her. very smart and able person, again such a serious error it has to be accountability. bill: heavy charges. peter king, than that you for your time we will see where it goes. martha: the recent spike in insider attacks known as green on blue attacks by afghan security forces could mean an earlier withdrawal for nato forces according to one source here. we'll bring in retired four-star general jack keane, former vice chief of staff of the army and a fox news military analyst. good morning, general, good to

have you here. >> good morning, martha. martha: i want to start with general allen over the weekend on 60 minutes and then we'll take a look at the next part. let's play that first. >> can you explain why the sudden increase in these attacks? >> well i'm mad as hell about them to be honest with you. we are going to get after this. it reverberates everywhere across the united states. we are willing to sacrifice a lot for this campaign but we are not willing to be murdered for it. martha: this now coming from anders rasmussen the nato secretary general as quoted in the guardian. he says if the security situation allows i would not exclude the possibility that in tern areas you could accelerate the process. what do you think about all this. general? >> first of all, martha, war is fundamentally a test of wills, and disappoint -plts and setbacks ar-plts are a fact of life. that's why leadership is at such a premium to pester veer through

these setbacks. general allen is a tough guy an has his arms ale around this thing. the taliban, this is insidious what they've been doing. we have been beating them in the south and southwest and we have momentum in the east. they have been losing every single fight we've been involved with. they've found an insidious way to undermine our will and break the morale of the people. mostly it's the morale in the capitol cities of our countries that are more affected and that's what we are dealing with here by the nato leader, talking about pulling out early, which i fundamentally disagree with. martha: how much of this has come from us signaling when we're going to leave, that we're going to leave in 2014? >> right from the beginning the arbitrary end date for our participation with combat forces i always felt was a mistake. we had to base it on conditions. and i think we should condition to base it on the conditions in front of us, at least up until 2014, and not pull any troops out prematurely.

martha: as you point out in the american cities that react to this news, it's horrific, i mean the thought of somebody putting on a u.s. military uniform and turning out -- and the stories we've heard over the past few dares horrific, and then turning their guns on our soldiers and killing them in cold blood. does it reach a point where you say, is this woeurt? worth it? is it winnable. >> it is another tactic by the taliban to kill us and drive us out of here. it's no different than an ied on the road or ambush of our troops, the insidious way it comes about they understand it will have impact beyond the troops itself. there are thousands of operations that we do with the afghans every week and tens of thousands every month that are eubs den incident free. we have to stay focused on the hole. the hole is that the afghan national security force are improving, that is good news. we are able to begin transitions

with them in certain areas already and we should not give up on what we're doing with the afghan national security forces because of this. martha: all right. general thank you so much for your insight. we'll watch it closely and tuck to you again soon about it. thank you sir. >> okay, martha, take care. bill: 24 minutes before the hour. the president's healthcare law headed back to the supremes for a completely different reason than before. we'll explain what is happening on that. martha: final preparations underway for a record-breaking skydive from the edge of space. ♪ i'm going down, down, down, down. ♪

bill: here we go, guys, check it out. a live look inside university of denver, the auditorium, the arena where everything goes down tomorrow night. 50million-plus americans will be watching. local fox denver has video screen right right there how they transformed the arena and set everything up. it appears obviously that the two men will be standing and not sitting. there will be peed yum podiums that each will standby. that is your format. several hundred people will be inside, i think 200 was the number that was given out. anyway, join brett, megyn the entire maximum news political team. even brit hume flew to denver for crying out loud.

martha: it would not be a debate without him. bill: 8:55 prime-time tomorrow night. martha: there is a new battle over president obama's healthcare law that could head back to the u.s. supreme court, if you can believe it, back in june of course the court ruled to uphold the law's individual mandate in a very dramatic decision. now a christian college is renewing its challenge to other parts of the law that they believe violate their religious freedoms. we have a former prosecutor and a doj official under former president bush. good to have you here. what exactly is coming back to the court's purview here. >> what's happened is the religious issue has not yet been addressed by the court. we have the issue of whether it's a violation of the religious rights of so many people, institutions, the catholic church, et cetera, and liberty university brought a suit, the fourth circuit had thrown it out. now the supreme court says yes you can actually bring that suit at this point and liberty

university has gone to the supreme court and ask them to force the fourth circuit to hear their case. we have over a dozen suits pending by the catholic church that will wind their way through the system. those also at some point it seems the supreme court has shown an interest now through this liberty university case that they are interested in this issue and at some point it will probably wind its way back up to the supreme court. martha: the background issue here is whether or not religious institutions, since every institution would have to provide health insurance, if religious institutions would have to sort of meet the basic level of coverage in the healthcare plan which would include providing funds that would go towards some abort tiff measures, according to this law and also to contraception. tom, you know, how seriously do you think the supreme court is taking this and how do you think it's going to play out? >> well, it's probably a little premature for the challengers to declare victory. at the same time yesterday's order is indeed an intriguing

one. at a minit suggests that the liberty university plaintiffs, their lawsuit may live to fight another day. if they prevail at this stage what will happen is the case will go back to the lower court the fourth circuit and they'll essentially be begin their day in court. they'll have a chance to present religious and other constitutional challenges to the law. who knows a year or two from now the case might get back up to the supreme court and we'll be ready for round two, we'll see about that. martha: it seems like it's a very important element of this law. it definitely goes to the heart of the constitutionality of the law, does it not, when you're asking institutions to sort of provide a blanket kind of insurance that some of them ethically feel they cannot provide. >> absolutely. it's a huge issue for the catholic church and other denominations have supported the catholic church in this. under the law the way it stands right now they have to provide insurance benefits for abortion-related issues, there is some abortion-related type

issues involved, sterilization, and contraception. a lot of these institutions are self-insured which means that the catholic church essentially will be paying for things that are absolutely against the ten events of the catholic church. martha: ace remember didn't they say well the church earth institution, that is church affiliated won't have to provide eud we'll put that onus on the insurance companies. >> where they are self-insured that doesn't help. and you're still working there and whether the insurance company is paying for it or the company you're working for you're still getting that benefit by virtue of the fact you're working for that catholic institution. martha: big shal issue. >> it is. martha: tom, where do you see it going. >> the supreme court will decide whether or not they'll give them another chance. if it does the case will go become to the fourth circuit . look, there are no question that the plaintiffs will have an uphill battle, the first time around the lower court wasn't exactly receptive to a lot of the challenges. that said their ultimate audience may well be the supreme court. even if they lose before the lower court they'll have a

chance to take the case up to the supreme court and try to get the supreme court interested in entertaining round two of this challenge. martha: all right. so we thought that this had gone away, but clearly the catholic church has not wanted it to go away and liberty university in this case is the one that is pursuing it a christian university. thank you very much. we'll be following it. annmarie ph-bg mca invoice and tom dupri, thank you very much. bill: you thought the debate was the big deal. no this one. preparations are underway for the highest skydive in history. in a few days felix baumgartn erbs r will jump from the edge of space. if he succeeds he will not only break a 52-year-old record but be the first to break the sound barrier. he'll liftoff from new mexico in a capsule fly 23 miles into the air. the only protection is a pressurized suit and helmet come on. on the way down he will fall at speeds of 700 miles an hour, faster than the speed of sound.

martha: why can't he just show that movie and said i did it. who is really going to know. bill: me. martha: we had him in studio, do you remember? we had the suit the whole thing. it's some suit. bill: that it is. martha: i don't know that it would be enough protection for me to jump out of that. bill: i think it would be great to talk to him on friday. then we catch up with him again on tuesday and see if the body is still in one piece. martha: put that in the dealio as you say. bill: 700 miles per hour, can you withstand that? i don't know. martha: pretty cool, huh. bill: you'd need a good helmet. martha: yes you do. coming up a police department is defending its officers after seven of them are caught on camera in an altercation with a suspect. >> we had reserve officers that were with them. the amount of officers just converged down there and i'd rather have us have seven guys there and need two of them than have two guys there and need seven. martha: we will play you this video and you can see what you think.

the police say that the response was warranted, but we'll leave that up to you. bill: a major league slugger getting a second chance at the plate. after suffering a devastating injury during his first at bat. ♪ put me in coach, i'm ready to play today. ♪ put me in coach, i'm ready to play today. ♪

martha: police in ohio shall defending the actions of seven officers who beat up a suspect. here is a dash cam video of the arrest that shows the guy in the bottom of your screen here being punched and kicked, and tazered. the police say that the suspect was stopped for a traffic violation but that he then took off, leading the police on a short chase after jumping out and running from his car. the sandusky police department

says that the officers acted appropriately. all of this of course is subject to investigation. >> officers, you know, have to keep their selfsafe. when someone is reaching in their pockets when they are in a foot pursuit there is no good coming out of that. our officers had to take appropriate action to keep their selfsafe and that's what was done in this particular incident. martha: all right. as i said, they will continue to analyze this tape, talk to the officers involved and decide what they think in the end. bill: the lawmakers in washington at serious odds over legislation against human trafficking. a new report suggests the stalemate is not purely political. jonathan serrie live in atlanta. what is at stake, jonathan. >> reporter: congressional quarterly reports that much of the standoff is over a disagreement on women's health issues. in the past republicans and democrats were able to achieve

consensus on this when they passed this law originally in 2000 and then reauthorized it three times since. it's the trafficking victims protection act. it imposes stiff federal penalties on traffickers and funds perhaps programs to assist police and prosecutors as well as victims. advocates say the law has to be updated every few years to adapt to the changing methods of the traffickers and continue funding efforts to catch them and they their victims. rule vision a christian organization that supports humanitarian projects, including this recovery center for children rescued from trafficking in cambodia is concerned about what will happen if congress fails to act. listen. >> this is going to have a real impact on innocent lives here in the u.s. and across the globe, and we really feel that it's time for both parties to stop playing politics with slavery. >> reporter: they say if congress fails to act it will send the wrong message to other

governments in countries with human trafficking problems, bill. bill: there was one time when this law had the support of bipartisan majorities. so what is driving the gridlock? >> reporter: you know, it just goes to show just how polarized the environment has become. you have neither party able to claim a majority of the voters or have a clear mandate, and so this standoff is symptomatic of the new normal where polarized voters in any election can tip the balance in controlling the house, white house or senate listen. >> neither house is a majority. neither says they have to accommodate to the other or give this. they don't have the same kind of incentive to compromise. in fact they think they get stronger in reacting against the agenda of their political opponents. >> reporter: emery political science professor describes it as a scenario where you essentially have two minority

parties. bill: jonathan serrie watching that out of atlanta. thank you. martha: new developments in the investigation into the loose seats on american airlines flights. have you heard about this? we are also hearing about how one pilot reacted to the scare as he diverted the plane. are you receiving a payout from a legal settlement

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martha: the funny man behind "family guy" will be making stars laugh and cry, most likely, at the